Understanding Bail and Bond in Long Island Criminal Cases

Understanding Bail and Bond in Long Island Criminal Cases

Getting arrested can be scary. Even if you’re innocent, you may end up in jail for days or weeks before you get a chance to tell your side of the story. That’s where bail comes in – it’s a way to get out of jail while your case moves through the system. But how’s it work, exactly? And what’s the difference between bail and bond? This article will break it down so you understand your options if you ever find yourself in this unfortunate situation.

What is Bail?

Bail is money or property given to the court to secure someone’s release from jail before their trial. It’s basically collateral to make sure you show up to future court dates. Judges set the bail amount based on the charges against you and your criminal history, if any. More serious crimes or repeat offenders get higher bail.

Here’s how it works: If you pay the full bail amount, you can walk out of jail until your trial. After the case is resolved, you get the money back (minus administrative fees). But if you miss a court date, you forfeit the money – that’s why judges make bail high enough to motivate you to return.

Bail Bonds as an Alternative

Coming up with the full bail amount can be tough, especially for high figures like $50,000+. That’s where bail bonds come in handy. A bail bond is a contract with a bondsman who will post your bail for a fee, usually 10% of the total amount.

So for a $50K bail, you’d pay $5,000 to the bondsman instead of the whole 50 grand. The bondsman also takes on responsibility for making sure you get to court. If you miss a date, they have to pay the full bail to the court, so they really want to keep tabs on you.

The downside is you don’t get that 10% fee back – it’s nonrefundable. Also, bondsmen may require collateral like a house or car to secure the deal. And they can be pretty aggressive about tracking you down if you try to skip town before your court date.

Factors That Determine Bail

As mentioned, judges decide bail amounts based on two main factors:

1. Severity of Charges

More serious alleged crimes mean higher bail. Maximum amounts are set by law. For example, bail for a Class A felony in New York can be up to $100,000, while misdemeanors cap out around $10,000. Bail can’t legally be “excessive” – higher than needed to guarantee you show up.

2. Flight Risk

Judges also look at your background to gauge the risk of you fleeing before trial. Things like:

• Ties to the community – family, job, assets like a home
• Criminal record – repeat offenders are seen as higher risk
• Mental health issues or drug abuse that may make you unstable

They want to set bail high enough that you have a lot to lose by not coming back. Defendants seen as low flight risks can get lower bail or even released on just a promise to return.

Can Bail Be Denied?

For serious crimes like murder, judges can deny bail altogether to keep the defendant jailed until trial. Bail can also be denied if the judge decides no amount would guarantee your return.

Luckily this is rare – most defendants in New York get offered some bail amount. But for real flight risks, judges have discretion to hold them without bond.

Getting Help from a Bail Bondsman

Working with a bondsman can make the bail process smoother. Here are some tips:

• Shop around – get quotes from a few companies before choosing. Rates can vary.
• Look for licensed, reputable companies who won’t rip you off.
• Ask what collateral they require – make sure you’re able to provide it.
• Get receipts for all fees and payments.
• Understand the conditions – when they might revoke bond and send you back to jail.
• Give them contact info for people who can help find you if needed.

Reputable bondsmen want you to succeed and will explain everything up front. They can be a big help through this difficult process.

If You Can’t Afford Bail

Unfortunately bail discriminates against the poor, who languish in jail pretrial just because they can’t afford bond. But there are options:

• Ask the judge to lower bail – if it seems unreasonable for your case.
• Bail funds – charities that post bail for those in need.
• Bond reduction hearing – ask for another chance to get bail lowered.
• Request an unsecured bond – no money required, just a promise to pay if you miss court.

Don’t give up hope for release if you lack cash. A creative lawyer can often find alternatives to make bail work.

Takeaways on Bail and Bond

The bail system isn’t perfect, but it’s meant to balance public safety with your right to freedom before conviction. Understanding the factors that determine bail can help you plan the best way to get released if you ever get arrested. Paying a bondsman is the most common approach when bail is set too high to afford up front. With a little luck and perseverance, most defendants can arrange their release pending trial.

Hopefully this overview gives you a better handle on how bail and bond work in New York. Getting arrested is stressful, but knowing your options helps you deal with it. Be smart, get legal advice, and take it one step at a time. This too shall pass.